MELROSE, The Bronx (WABC) — Former NYPD Sgt. Erik Duran was sentenced to three to nine years in prison for throwing a cooler at a fleeing drug suspect in 2023, killing him.
At least 11,000 officers signed a petition pushing for Duran to not go to jail, but community members and activists said they were hoping Duran would get 15 years
Duran, 38, was taken into custody, after his attorney immediately announced he was appealing and asked for a one week stay of the sentence. He was denied.
Eric Duprey, 30, was killed in 2023 after Duran threw a picnic cooler at him as Duprey fled on a scooter in the Melrose section of the Bronx. Duprey crashed and died from his injuries.
The state attorney general’s office, which prosecuted the case, had asked for Duran to spend three to nine years behind bars.
Judge Guy Mitchell noted he had wide discretion in sentencing, from non-incarceration to up to 15 years in prison.
“I believe the sentence will deter other officers when they arrest suspects,” Mitchell said in explaining the prison term.
Mitchell said Duran “was upset the suspect was getting away” and thought “the only way to stop him was to throw the cooler.”
He said Duran “took it upon himself” to pick up the cooler and throw it at Duprey.
“Suspects sometimes get away and can be captured later,” the judge said. “He could have been caught on a different day.”
He said the sentence impacts both families, the difference being Duprey will not be here.
Duran apologized to Duprey’s family and addressed them in Spanish.
“I regret everything that happened, I’m sorry for the loss of your child, I never wanted this to happen,” he said. “I’m asking for the chance to be for my family, for my kids.”
In arguing against jail time, Duran’s lawyers stressed the 15-year veteran is a Bronx native and resident who became a cop to protect the most vulnerable in the community where he grew up.
His attorney admitted it was a reckless decision but said, “Erik Duran should not be incarcerated for a decision he made in 2.5 seconds” … “a decision that resulted in unintended consequences.”
Duprey’s mother and supporters emerged from the courthouse chanting, satisfied with the sentence.
“It is a very seldom occurrence that justice prevails when a cop kills a Black and Brown person, but today in the Bronx, we got it right,” said Hawk Newsome with Black Lives Matter Greater NY.
However the sergeants’ union says it sends the wrong message.
“When you have to sit there and you have to make decisions in a split second time, what’s going to happen when every single police officer turns around and says, well maybe I shouldn’t make that decision, maybe I shouldn’t stop that guy,” said Vincent Vallelong with the Sergeants Benevolent Association.
Duran was the first NYPD officer in a decade to be found guilty of killing a civilian while on duty. He was fired immediately after February’s guilty verdict.
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